The Values of the European Union : Elements of a European Identity

Transcription

1 The Values of the European Union : Elements of a European Identity Unité d Etudes européennes Pr. Quentin Michel p1

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3 When an event occures, we are not necessary aware of it p3

4 Why defining values? Formally necessary to 1. Consider the candidature of an State 2. Suspension of certain rights of a Member State in case of violation of EU values p4

5 Considering the candidature of an new Member State October 2011: Commission opinion on the application for accession to the European Union by the Republic of Croatia The Commission considers that Croatia meets the political criteria and expects Croatia to meet the economic and acquis criteria and to be ready for membership by 1 July Membership requires the continued respect of the values on which the Union is founded as well as the commitment to promoting p5

6 Suspension of certain rights of a Member State in case of violation of EU values p6

7 Used once against Austria in 2000 Moment in EU History : 14 Member States decided to embark on a diplomatic boycott of Austria if extreme-right populist Jörg Haider was included in a governing coalition EU Treaties did not include dedicated provision to act even though Europe was understood to be a community with shared values. p7

8 Provisions on potential sanctions have been included in Article 7 of the EU Treaty in 2001 by the Nice Treaty The so-called four steps approach: - Initiative could be taken by the Parliament, Council or the Council - Council could decide that there is a «clear risk of a serious breach by a Member State of the values» - European Council could decide «existence of a serious and persistent breach» - Council could «suspend certain of the rights deriving from the application of the Treaties p8

9 Never used but Hungary might be the first Constitutional changes and other laws weaken the independence of the judiciary, media and the central bank have been adopted by the new Government (Fidesz) Does it constitute a breach of EU values? - European Commission has expressed concerns twice and might to decide to consider Hungary ineligible for EU cohesion Funding. Will not be based on article 7 No fines available for budget deficit (not in the Eurozone) p9

10 Parliament : Guy Verhofstadt, president of the Alliance of Liberals and Democrats for Europe (ALDE), called for sanctions against Hungary Unfortunately, the time has come to apply it to protect democracy and fundamental rights in Hungary and in the EU today, and avoid setting a dangerous precedent as well as a bad example for aspirant countries wishing to join the Union. Still looking for a majority to act p10

11 French Foreign Minister Alain Juppé told national television on January 3 that the situation is problematic in Hungary. No others Member States reactions p11

12 Are values necessary to define a EU identity? p12

13 Formally not defined by EU treaties Only one reference in the preamble stating that resolved to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world, p13

14 EU identity - A synonym of citizenship? - An element of its citizenship? - No formal cross references in the treaties between values and identity or citizenship p14

15 Focusing on EU values p15

16 Before the values some principles introduced in 1991 by the Maastricht Treaty but not defined Article F of TEU 1. The Union shall respect the national identities of its Member States, whose systems of government are founded on the principles of democracy. 2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. p16

17 Principles listed in 1997 by the Amsterdam Treaty Article 6 of TEU The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. p17

18 Principles transformed into values by the Lisbon Treaty (Article 2) The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. p18

19 Attempt to explain the mutation Content of both provisions are almost equivalent. The add-on of Lisbon consists essentially in the externality of the value as mentioned in its article 3 : The Union's aim is to promote peace, its values and the well-being of its peoples.. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizen p19

20 Two sentences establishing a values hierarchy? Sentence one : EU essentials values Sentence two : three possibilities 1. New values add to essentials values Tolerance, non discrimination 2. Implementing values linked to essentials values Equality and equality between women and men, rule of law and justice, freedom and pluralism 3. Something else principles Principles defining the EU society sharing common values (not to be promoted externally) p20

21 EU values are not restrained to Article 2 Recognition of the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union Same legal value as the Treaties (Article 6.1 TFE). Divided in six sections: - Dignity, freedoms, equality, solidarity, citizen s rights (democracy) and justice (rule of law) p21

22 The Charter exception invoke by Poland and United Kingdom Protocol 30 Article 1: The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms. A potential discrimination between EU citizens? p22

23 Adhesion to the European Convention for the Protection of Human Rights and Fundamental Freedoms (article 6.1 TEU) Fundamental rights.as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law. Included since the Maastricht Treaty p23

24 Are values equally implemented by the Member States? Short analysis of certain values as defined by the EUT and the Charter Human Rights, Human Dignity Right to life Right to marry and right to found a family Equality Equality between women and men p24

25 When does life start : legal abortion? p25

26 When does life end? - Euthanasia is authorised under certain conditions only in Netherlands, Belgium and Luxemburg Right to marry and right to found family - Gay and lesbian marriage is authorized only in Sweden, Netherlands, Spain, Portugal and Belgium, however and others MS offer particular forms of «contractual relationship» p26

27 Lesbian and gays marital status available p27

28 The right to divorce p28

29 Gender non discrimination p29

30 The reference to God in the EU treaties Question has been raised during the debate on the EU Constitution (Convention 2002) Favor a reference to the Christian inheritance - The necessity to establish the christianity of the EU base to reject the candidature of certain states -Fundamental values that transcend «human laws» Base to prohibit abortion Against clear separation between states and religions - Religious choices should not be promoted - Religions should remain the privacy of individual p30

31 A compromize provision has been included in the Preamble DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law, Religions and not God ReligionS (Christian, Muslim, Jew) and Humanist (philosophy of the Enlightenment) and Cultural (Roman and Greek) p31

32 To conclude : United in diversity - Informal motto of the EU - EU fundamental values allow a certain diversity in their implementation by Member States In others words p32

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